Legal Question in Wills and Trusts in Florida

Re: Obtaining a copy of a will

When a person dies, the will is dealt with through probate. If there is no will, the probate courts generally comply with state law in order to determine who gets what. Not every state will accept a copy of any given or "alleged" will as a valid document, so you may still be a beneficiary of the estate regardless, as it may go through under state law. Even if the copy of the will is accepted, you can still contest it more often than not. Further, as someone that may have benefited in the absence of a will, you will have a good case if you have any doubts about the validity of the copy of the will, or if your father unlawfully refuses to provide you with the requested copy of the alleged will at issue.

Often, in cases like this, the estate can ultimately be split between the heir at law and the named beneficiary. Depending on the value of the estate, the person(s) named as beneficiary on the copy of the will may not want it to go to court. Obviously, if the estate is worth a substantial sum then it may end up going to court anyway.

An experienced lawyer will be able to offer advice on the best course of action depending on the circumstances surrounding the will and/or obtaining the copy withheld by another relative. Therefore, if you have any concerns or doubts, seeking legal advice is vital in this situation. For a free phone consultation, contact us directly before the end of the week.